Constitutional Law

Constitutional Law

Introduction

The main purpose of this paper is to discuss on the statement that there is an undermining of the role of UK Parliament' theoretical constitution as the sovereign legislative body due to the reality that executives are the main dominator of law making and that members of parliament are title more than passive bystanders. In order to identify this statement, the paper discusses the constitutional principles in relation to the Parliament's status and the relationship between parliament and executive. The paper is also an evaluation of the roles played by Parliament and the executive in the light of the title statement.

Part A. Explain the constitutional principles relating to Parliament's status and the relationship between parliament and the executive.

There are various constitutional principles described under the constitutional law of United Kingdom which describe the Parliament's status and the relationship between the executives and parliament. Under the Article 39, first paragraph of the Constitution, "the legislative initiative belongs concurrently to the Prime Minister and members of Parliament." The Constitution law form a principle of equality between the right of initiative and the government parliamentary right of initiative, even if other constitutional provisions introduce restrictions applying to parliamentary original texts. The only exceptions to the principle of the concurrent exercise under the constitutional law are the right of initiative that the texts for which the Government has, in law or in fact, a monopoly of presentation should be available. This is the first case of financial laws and the laws of funding social security respectively under Articles 47 and 47-1 of the Constitution. It is also the laws of programming. It is finally, institutional logic, the laws authorizing the Government to take, in matters within the scope of the law, and those orders authorizing the ratification or approval of international treaties or agreements referred to in Article 53 of the Constitution. In all these texts, parliamentary retain the right to table amendments, with, for the last two categories, certain limits.

As per the constitutional law, corollary of the right of initiative, the right of withdrawal is open to the Government and Parliament. Manner of exercise of this right are determined by the Article 84 of the Rules of the National Assembly. The author, or if there are several, the first signatory of a bill may be withdrawn at any time, but only until its adoption in first reading. The right of amendment, that is to say, the right to make changes to the device projects and legislative proposals is also recognized equal to parliamentarians and the Government. The Article 44, first paragraph of the Constitution provides that "Members of Parliament and the Government have the right of amendment."It includes not only the right to propose the deletion, total or partial, or modification, global or specific, items of a project or proposal, but also to the complete text of the new provisions under the form of amendments additional items.

The Constitution, the organic law of 15 April 2009 on the application of Articles 34-1, ...